Lady SFPD cop defends intimate frisk of male detainee that uncovered a gun amid rights violation claims

October 8, 2024

The lady SFPD cop who discovered a gun hidden between a male detainee’s legs – after a male SWAT team officer had frisked him for three minutes and found nothing – defended her search against allegations of constitutional violations today before a federal judge in San Francisco.

Officer Erika Viola testified that the onus was on her to search those detained and guarantee the scene was safe. She had not been told Ricky Rollins had already been patted down before she arrived, she said, and it would have made no difference to her if she had known.

“I was there as case agent,” she said. “I took it as my responsibility.”

Rollins’ attorney said the repeated searches infringed his fourth and fourteenth amendment rights and, as a result, the evidence police obtained – a Glock 32 – ought to be suppressed.

Officers from SFPD’s gang task force had obtained a warrant as part of an investigation into an attempted murder which entitled them to search target George Washington and his home. They served the warrant on Sunnydale Avenue in the early hours of November 8 2023.

Attorneys for Rollins, 38, say that their client was not the subject of the warrant and simply happened to be present when police arrived. Officers did not have probable cause to search him as there was no reason for them to think that anyone other than Washington might be armed.

Even if there was probable cause, they say, the multiple pat downs he received were unlawful and they questioned why the sole female officer present conducted the intimate search.

Body worn camera footage played to the court showed SFPD tactical officers using a loudspeaker to rouse the occupants of the house.

Officer David Edgerson was shown frisking Rollins over a period of several minutes shortly after he left the residence. His task was hindered by a foil ‘space blanket’ Rollins had been given to wear against the morning chill – and, he said, the fact the detainee was “shifting” against his zip tie cuffs.

The officer told the court that he had conducted a “credit card swipe” groin search but found nothing of significance.

Shortly afterwards Viola and others from SFPD’s gang task force arrived.

After pat searching two other occupants of the home, now back inside, Viola began frisking Rollins.

“I manipulated the front groin area of Ricky Rollins and I felt a hard metal object,” testified Viola today. “I manipulated further and I believed it to be a firearm.”

The suspect began resisting, Viola said, by “clenching and squeezing his legs and turning his body to prevent me from removing the firearm.”

“He was able to slip out of the zip ties. I alerted other officers in the room of what was going on and attempted to gain control of Mr Rollins.”

Ultimately, said Viola, “I had to pull down his pants and his underwear and retrieve the firearm.”

Viola’s body worn camera recorded the incident and its aftermath.

“That’s it, it’s over,” one officer later told Rollins after he had been subdued and the tan-colored Glock 32 handgun seized.

“It’s San Francisco,” he added. “It’s a slap on the wrist, it’s not even worth it.”

The search also uncovered another handgun – a Glock 43X – hidden in a clothes basket upstairs.

Prosecutors previously told the court that a “limited pat down” of Rollins for weapons was “objectively reasonable” for officer safety and did not compromise his fourth amendment rights. They pointed out that, in any event, Rollins was on supervised release after serving a 15 year prison term for attempted murder and firearm possession and so had a “significantly reduced expectation of privacy.”

“Based on the fact that there was a search warrant for firearms and firearm-related evidence, and we were taking over the scene, I wanted to make sure no-one was armed for officer safety,” said Viola today when asked why she took it upon herself to search the defendant.

She did not know that he had been searched, she said, but was adamant that even had she known, it was her responsibility to search him herself and she would have done so regardless.

No evidence was presented at today’s hearing in support of an earlier contention made by Rollins that he had been searched on three or more occasions.

“Does someone in Viola’s position, who comes in as a different team, but the same raid…in a murder gun case in…a small room with, it looked to be, 3-4 people in zip ties – is she required by the fourth amendment to presume that other officers in the first team made pat searches that would secure the safety of the officers on her team?” asked U.S. District Judge Alsup of attorneys this morning.

Alsup – who marveled at the “amazing Houdini act” accomplished by the defendant in keeping the gun hidden in such a precarious position for so long – gave attorneys until next week to make further written submissions after which he will make a ruling.

Rollins and Washington each face one count of being a felon in possession of a firearm.

The cases continue.